DCA advice please - HSBC

[harrassed senior]

Hi, No, westclots are wanting payment so it is up to them to get what has been requested.

 

Ignore their letter, they know that only too well.

 

Wait the 12 + 2 days and then send off the account in dispute letter.

[suedes]

Thanks

Does it matter at all that they sent the payment back?

[harrassed senior]

No, keep it as proof, along with their letter, as said they know what is required they just do not want to work for their keep;)

[suedes]

Hi everyone back in july I 2sent the account in dispute" letter and have heard nothing since is this normal? Should I be doing anything else?

 

Thanks

[sillygirl1]

That is now that, game over with the DCAs. You do not need to do anything further.

[suedes]

Hi again everyone!

 

Im now being pursued by a "credit resource solutions" they have been phoning me and have written to me.

 

Is there anyway I can complain about this constant diffrent dca's getting in touch? surely somebody is breaking the rules here?

 

Do I need to go down the cca or sar route again?

 

thanks

[Nishikigoi]

I'm sure someone will be along shortly with a better answer, but you write to the new DCA letting them know the old one has broken the law in passing a disputed debt on without resolution.

 

Then ignor them unless they get shirty, then send a 31.14/16(?) request for what they would present in court, as you know they have nothing!

 

As always, double check that information is correct!

[suedes]

Hi everyone me again!

 

I sent the DCA the letter telling them that the account was in dispute with another DCA and they seem to have chose to ignore it as today I have recived a letter stating that they intend to take legal action, and they are providing me with the required 7 days of notice before obtaining a CCJ against me

 

Should I now be sending off the 31.14/16 request?

 

Im also a little bit peeved that they are basically ignoring what I am saying so I feel this needs to be taken further how do I do that?

 

Should I send a cca request to this DCA so they know where im coming from?

 

How does it look if it goes to court and they don't have a cca?

 

Sorry there is so many questions!

Thanks

[suedes]

Hi can anyone help me with the above points please?

 

Also how far are they likely to get in court without a CCA? would it be possible to have it thrown out before it went to court?

 

Thanks

[merlin100]

Hi suedes,

have you got copies of all the letters you have sent? And did you send everything Recorded Delivery and did you print off copies of the signatures from the Royal Mail site?

If so, then this should be all you need to get it thrown out of court.

The only thing you should be careful of is what kind of judge you get. If he/she is pro-consumer then you will be fine. But if he/she is pro-finance industry, then you have to be careful of any questions like "Did you have this Money" etc.

Dont answer "Yes" because then its game over for you. You simply say that you do not know ( because usually you dont recognise the amount as its probably loaded with charges etc).

Say as little as possible. This is to keep the onus constantly on the Claimant and make them prove your liability.

Dont help anyone.

This worked for me. There were a few scowls in court ( especially from the judge as I think it was tea-break, but I insisted that the Claimant prove their claim on the basis that I didnt ever remember owing anyone £2500+ - and then I shut up!)

So just be careful of any questioning and you will get it thrown out

[merlin100]

if they phone dont answer any security question, then hang up

 

if someone turns up at your door you only need 2 words foof off , and if the wont leave tell them you are calling the police and shut the door

 

they have no legal rights whatsoever

 

there is plenty of info on the forum of letters you can send about no phone calls , visits and everything writting etc

 

"foof off"? My God, Ive been using the wrong words for years!!!

[suedes]

Despite me asking them to contact me only in writing my wife informed me that I recived a text message saying they were now going down the legal route .

 

Merlin, I have copys of all the recent correspondance and everything from the latest sharks.

[suedes]

would a cca to the latest sharks help? Or would A SAR to them help?

Thanks again

[suedes]

Hi

Today I have recived a letter from HL Legal & Collections solicitors in association with sampson & Co giving me 7 days to pay the outstanding balance or they will commence legal action

 

they say that they are acting on behalf of Credit Resource Solutions that are acting on behalf of hsbc

 

can anybody point me to the right section for the CPR procedure and do I do this now or when I recive court papers?

 

Also is there any way to find out who actually owns this debt? I have no knowledge of ever reciveing a notice of assingment.

 

And lastly can anyone tell me what should be on there letters eg licence numbers etc as there doesnt appear to be any only a reference to the solicitors regulation authority

 

Thanks

[suedes]

can anybody please help regarding the above post if its not to cheeky to ask

Thanks

[suedes]

I have been doing some digging and I can't find any reference to this company on the consumer credit licence register or at companies house the only place I can find a reference to them is at the Solicitiors regulation authority is this right?

[PriorityOne]

Oh dear.... some really silly going on here....

 

Send the following letter to the solicitors along with a new CCA request (also to the solicitors) in a seperate envelope. Both need to go off by rec. delivery. Sending a new CCA request is not strictly necessary but as it's now reached the stage of solicitors, you need to cover your bases against any dodgy arguments/moves. The letter below should make your actions perfectly clear....

 

Dear Sir/Madam,

 

I do not acknowledge any debt to your company or to any company you claim to represent.

 

A legal request for a true copy of my Consumer Credit Agreement was sent to your client's clients on xx/xx/xx. To date however, the only document supplied has been a blank copy of a document that pertains to nobody at all; no signature, terms and conditions, APR/credit limit. As I'm sure you must be aware, the Consumer Credit Act 1974 is quite clear about what constitutes an legally enforceable document and what does not but for the avoidance of doubt, I respectfully suggest that you take a look at sec. 127(3) before starting to harrass me for payments against an unsubstantiated debt.

 

As an aside, I am quite confused over the number of clients alleged to be involved in this matter since my initial request was received, as it would seem that my details have been passed from your client's client's clients to yourselves without any written authority at all.

 

In all of this confusion and for the avoidance of any additional doubt, I thave therefore now arranged for a separate request for a true copy of any alleged Consumer Credit Agreement (Consumer Credit Act 1974) to reach your offices by recorded delivery over the next few days and would be grateful for your written confirmation as to whether you, your clients, or your client's client's clients currently hold, or have ever held, a legally enforceable and properly executed true copy of a Consumer Credit Agreement pertaining to myself. If not, I require you to confirm this in your response under the Consumer Protection from Unfair Trading Regulations (CPUTR, 2008).

 

Yours faithfully,

 

Edited November 29, 2010 by PriorityOne

[suedes]

Many thanks Prioity one will let you know what happens.

[suedes]

the above letter seemed to have had some impact as the solicitors never acknowledged it and was promptly taken up by CRS again I wrote them a long complaint letter and sent a seperate cca request, a few days ago they rang up and spoke to my wife again (DPA anyone?) saying that they had closed there account with me.

 

Today I recived a letter from Lewis Debt Recovery dated 5th Jan giving me until the 12th to pay in full so it seems its been passed on again to the next lot I will write another letter stating this account is in dispute and send another cca request.

 

I feel its also time to complain to hsbc as they still own the debt and know its in dispute.

[PriorityOne]

There's actually no need to sent a fresh CCA request, despite the mucking about that's gone on so far..... write and inform Lewis that the account remains in dispute since your CCA request to XXXX on xx/xx/xx and until such times as your request is actioned, no payments will be forthcoming. You can enclose a copy of the letter in post #42 and refer them to it's content as well....... just so that they get the full picture. Send by rec. delivery....

[theshuffler]

I think there is one point that has been missed out on this thread .All the bufoons who have written to you know quite well that they wouldnt stand a snowballs chance in hell of gaining anything by taking you to court , I personally would ignore their threats , as that is exactly what they are. I had 17,000 grands worth of debt with 7 companies some for 3 and 4 grand only one went down the court route, and they made a hash of that by getting a ccj in a court that had no jurisdiction over me, result an opology ccj removed and debt marked as satasfied. Read and file any more letters just dont respond..

[PriorityOne]

Not responding a not a good idea, in my opinion; ignoring letters that come from solicitors is being plain naive.... sorry.

 

Many companies will issue proceedings in the hope that they'll go undefended. If you want to do as much as possible to avoid that scenario, then a response/paper trail is vital unless it becomes absolutely obvious that the letters being churned out are generic. Only experience teaches you that one....

[theshuffler]

Sorry perhaps i didnt make my comment clear , what i meant was dont respond to threats